Police Hold Scientologists' Guns

Police confiscated a cache of weapons in a temporary Church of Scientology
headquarters in Dunedin after the Scientologists abandoned the based, the
Clearwater Sun has learned.

All but four of the weapons, found "about 60 days ago" in the King Arthur
Courts condominiums off State Road 580 just west of U.S. 19, are being held
by Dunedin police. State and federal authorities are investigating.

The one weapon sent elsewhere was a short-barreled Mauser, which was turned
over to the U.S. Treasury Department. Three others are apparently being
held by U.S. Customs officials in West Palm Beach.

The Mauser, a German firearm introduced around the turn of the century and
used extensively by German paratroopers during World War II, has been copied
and widely used in other countries, including the United States. It is not
illegal to own a Mauser, but federal regulations do prohibit
"easily concealable" short-barreled Mausers, a Treasury spokesman said.

Treasury's Bureau of Alcohol, Tobacco and Firearms completed its "Mauser
investigation" about three weeks ago and turned its findings over to the
U.S. attorney's office in Tampa, spokesman said.

Although sources said Treasury felt it had the evidence to support charges,
Assistant U.S. Attorney Eleanor Hill, who received the Treasury's findings,
said Wednesday she had decided not to prosecute. She declined to elaborate
on her reasons.

Federal officials said the Mauser "in its present condition" was
unacceptable for import under the National Firearms Act of 1934. Violation
of the act carries a maximum penalty of 10 years' imprisonment or a $10,000
fine or both.

A Scientology spokesman acknowledged today that 17 firearms had been
imported through Customs at West Palm Beach in mid-November. The spokesman,
who termed the "Mauser pistol" an 80-year-old collector's item, said the
weapons were taken through Customs by Scientologist John Danilovich and
owned by various members of the cult.

Scientologist Kathy Heard characterized Treasury's investigation as an
example of the department's harassment of the cult.

She said the weapons were privately owned by individual Scientologists.

"There is no prohibition in the church doctrine against hunting or target
practice," Mrs. Heard said.

It is not known how many weapons are being held by Dunedin police, but nine,
including the Mauser, were flagged by Customs officials. Five of those were
apparently cleared shortly afterward, but - by mistake - all nine were
released to the Scientologists.

Customs officials readily admit that and other errors in handling the case
and say these caused "great embarrassment to the Church of Scientology and
John Danilovich."

"We have a simple case here that if you do a lot of things, you make
mistakes," said one Customs official. "And I think we've paid dearly for
this one.

"Customs is a big enough organization to admit that we make mistakes and
apologize for them."

Customs sources said eight of the weapons were of U.S. origin and not
subject to duties. Five were later cleared, but the last four, including
the Mauser, have not been. The other three being held were described by
Customs as an inoperational shotgun, a 36-inch .22-caliber rifle and an
antique revolver.

It is not Customs' job to register weapons. Once there are licensed by the
Treasury Department, it is the responsibility of local and state authorities
to register them under local and state ordinances.

Dunedin police, who two weeks ago denied having found the weapons, have been
advised by City Attorney John Hubbard not to release them unless requested
to do so by a federal agency investigating the situation or - if a valid
claim is filed - by the owner or owners.

The latter possibility seems unlikely in light of reports that
representatives of the state attorney's office are reviewing whether
ownership of the weapons, which are unregistered, violates state law.

Hubbard cited city ordinances against owning unregistered firearms, but said
he was not instructing city officials to prosecute in deference to the state
attorney's office.

Sources close to the situation said representatives of Southern Land
Development and Leasing Corp., the Church of Scientology business firm that
handled the cult's local property acquisitions last year, made a claim for
the Mauser earlier.

Southern Land paved the way for the cult to open a major headquarters in
Clearwater late last year by purchasing the Fort Harrison and the old Bank
of Clearwater building.

The Scientologists also established temporary residence in King Arthur
Courts, which had few other residents. There were widespread reports that
Scientology founder L. Ron Hubbard called the Dunedin complex home at the
time the Scientologists announced their presence in Clearwater.

Although Hubbard's whereabouts are unknown, there are indications local
officials want to question him about the weapons.

Hubbard was purportedly an explorer and adventurer before he wrote the book
that eventually became Scientology's bible. His official Scientology
biography says he was a photographer of note, but makes no mention of an
interest in hunting or weapons.

The weapons were found "on a shelf" at "about the same time the
Scientologists left," according to one source.

The Scientologists' six-month lease at King Arthur Courts expired in June.
Alterations to the cult's Clearwater holdings were apparently completed by
then, and electronic equipment and cult members were moved from Dunedin to
Clearwater. Mrs. Heard said the weapons were also crated for transport to
Clearwater but were inadvertently left behind.

Clearwater Federal Savings and Loan Association later foreclosed on the
Dunedin property, previously owned by William Dexter and now known as
Dunmoor.

Local and federal authorities were reluctant to discuss the situation.

A spokesman for the state attorney's office played down the weapon find as a
"common thing," something that "happens all the time."

The spokesman initially said the state attorney's office was not involved
but was aware of the situation and the Treasury Department's interest in the
Mauser.

But a Dunedin police spokesman said he could not discuss the case because
the state attorney's office was handling it, and the state attorney's office
later indicated some action might be taken within a matter of days.

Mrs. Heard said State Attorney James T. Russell's interest stemmed from his
inability to uncover illegalities on the Scientologists' part despite an
announcement that he was investigating the cult.

"Russell would investigate squirt guns in Pinellas County if he thought he
could get publicity from it," she said.

Ms. Hill, the assistant U.S. attorney who received Treasury's findings,
described her work as a "routine criminal investigation" into firearms
possession. She said she was "not going to go into the reasons" for her
decision not to prosecute, adding: "The reasons for not prosecuting had
nothing to do with the Scientologists."

Representatives of Southern Land filed for a court order in Washington in an
attempt to impede Treasury's investigation, but a U.S. district judge
labeled the request "frivolous" and denied it.

Tobias C. Tolzmann, a Scientology attorney from Hawaii who represented
Southern Land in Washington, sought to limit testing of the Mauser to
determine whether it was an antique or contraband. He also attempted to
secure guarantees from the government that the weapon did not violate
federal regulations and that it would be returned to its owner.

But ascertaining who owned the Mauser and why the weapons had been brought
into the country proved difficult for U.S. District Judge George Hart,
according to transcripts of the testimony. Here is an excerpt:

Hart: "It would appear from the pleadings that this was an abandoned gun
that was turned over by the owner of the building to the police, and so far
as you have alleged, up to this point, unless you know who owns the gun, we
don't know who the owner is.

"Furthermore, we do not know how the gun got into the country except on your
allegations... Do you know who brought the gun into the country?"

Tolzmann: "Your honor, we know, yes, we know the identity of the individual
who on behalf of some 17 others brought in a whole pack of them."

Hart: "Brought in what?"

Tolzmann: "I say, your honor, there were some 30 or 40 people traveling
together. Their baggage was commingled. One particular gentleman undertook
to take care of the matter of clearing things through customs, and he
presented a number of weapons which belong to all sorts of people, and he
was the one who passed them through customs.

"We know his identity, yes."

Hart: "What were they bringing all these weapons into the country for?"

Tolzmann: "Off-hand, your honor, I do not know."

In denying an injunction, Hart said the Scientologists' allegations of
Treasury Department harassment of Hubbard and the cult were unsubstantiated.

Ms. Hill said she was aware of court action related to the situation, but
said it neither hampered her investigation nor affected her decision not to
prosecute.

She said the federal government had difficulty establishing ownership of the
Mauser and establishing criminal intent regardings its ownership and use.

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